--v ." Rone Engineers A LE:IGH COMPANY •April!!,200! GEOTECHNICAL ENGINEERING ,. GEOLOGICAl. STUOIES " OlSTRUS INV£ST1GAT10NS • PAVEMENT DESIGN • ADVANCED GEOTECHNICAl. TESTING 􀁾􀀠F'OUNDATIOH REcOHlMENDATIONS • CONSTRUCTION MONITORING CONSTRUCTION MATERIALS TUTING ,. CDNSTRucnON OeSERYATION ,. 􀁃􀁏􀁎􀁃􀁒􀁾􀁅􀀠TESTING • ASPHAt.T TESTING • SOILS n:STlHG • PIER INSPEctION • POST TENSION INSPECTION • NOH-OESTRUCTIVE TESTING DRilliNG SERVICES .. MoNITOR WEll. INSTALJ..ATlON ,. ENVIRONMENTAL DRILLING • GEOTECHNICAL DRlt.t.lHG Mr. Steve Chutchian Town of Addisoo P.O. Box 9010 Addison, Texas 75001-9010 Reference: Ewing Drive Approach Improvements Addison, Texas Proposal No. 01-2388 Dear Mr. Chutchian, Rone Engineers, Inc. understands that we have heen selected based soley on our qualificatioos, and that Town ofAddison is currently negotiating scope and fees with only Rone Engineers, Inc. at this time for the quality control for the above referenced project. For the purpose of this proposal we have estimated quantities and tests that will be required in accordance with the Plans and Specifications. This is only an estimate for budgetary purposes. The actual costs for Construction Materials Engineering and Testing services can decrease or increase with changes in the scope of work or with the contractor's work method. Rone Engineers fees will be based on the actual amount of technician time and laboratory testing utilized by the project and performed on a unit price basis in accordance with the attached Schedule of Services and Fees and Rone Engineers' Terms for Construction Materials Testing Services. Roue Engineers meets the requirements of ASTM E 329 and is an active participant in the CCRL and the AASIITO proficiency sample programs. Rone Engineers has experienced personnel to perform the necessary Construction Materials Engineering and Testing in accordance with the project specifications. We appreciate the opportunity to submit this proposal for Construction Materials Engineering and Testing for the above noted project and look forward to working with you during the construction phase of this project. If there are any questions concerning this proposal or if we can be of further assistance to you, please contact us at your convenience. Respectfully submitted, 􀁾􀁡􀁦􀁡􀁸􀀠􀁒􀁮􀁾􀁅􀁒􀁓􀀬􀁉􀀠CMT Operations Manager Constru tion Materials gineering and Testing e c ivision Manager Construction Materials Engineering and Testing 8908 AMBASSADOR ROW DALJ..AS. TEXAS 75247 T£t.EPHDKE 214-630-9745 FACSIMILE 214·630-9919 April 11,2001 Proposal No. 01-2388 Project: RONE ENGINEERS, INC. Construction Materials Engineering and Testing Basic Services and Cost Estimate Ewing Drive Approach Improvements DESCRIPTION Estimated Quantity Unit Rate Estimated Total EARTHWORK Moisture Density Relationship ASTM D-698 (each) Atterberg Limits (each) Engineering Technician (hourly) InPlace Density Test (each) Transportation Charge (trip) Engineering & Report Review (hourly) 1.0 $130.00 1.0 $40.00 3.0 $27.50 4.0 $13.00 1.0 $13.00 0.9 $55.00 $130.00 $40.00 $82.50 $52.00 $13.00 $49.50 ESTIMATED BUDGET $367.00 All time is for a minimum of two hours or as noted. Overtime will be charged for all hours worked before 7:00am and after 5:00pm, for any time in excess of 8 hours per day or 40 hours per week, Saturdays, Sundays and HOlidays. All time is Portal to Portal. Project Engineering services on materials engineering and testing for consultation, analysis, report preparation and review, supervision and scheduling offield and laboratory personnel will typically be 0.3 to 0.5 hours per report. TERMS FOR RONE ENGINEERS, INC. (RONE) SERVICES THE AGREEMENT This agreement is made between RONE and Town ofAddison ,hereinafterreferred tons CLIENT. The AGREEMENT between the parties consists of lhese TERMS. the attached proposal identified as: Proposal No, 􀁏􀁬􀁾􀀲􀀳􀀸􀀸􀀠dated: Aprilll.2001 and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute fhe entire AGREEMENT supeneding any and all prior negotiations, cotrel>pOndence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in YoTiling. STANDARD OF CARE CI.1.EN1' recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data. interpretations. and recommendations by RONE will be based soley on information available to RONE. RONE is responsible for those data.. interpretations, and recommendations. bur will not be responsible for other parties' interpretations or use of the information developed. Services performed by RONE!.lIldet this AGREEMENT are expected by CLIENT to be conducted in a mannercowutcnt with me level of care and skill ordirultUy excercised by membtm of the geotechnical engineering profession practicing contemporanoously under similar conditions in lhe locality oftbe project. Under no circumstances is any warranty. expressed or implied. made in connection with the providing of geotechnical engineering services, SITE ACCESS AND SITE CONDITIONS CLiENT will grant Of obtain free access to the site for aU equipment and personnel necessary for RONE to perform the work set forth in this AGREEMENT. CLIENT wUJ notify any and all possessors of the 􀁰􀁲􀁯􀁪􀁾􀁴􀀠site that CLlENT has granted RONE free access to the site, RONE will take reasonable precautions to minimize damage to the site. but it is understood by CLIENT that. in the nol'llU11 course of work. some damage may occur and the CfJfreClion of such damage is not part of this AGREEMENf unless so spedfied in the PROPOSAL. CLIENT is responsible for accura!ely delineating the locations nf aU subtetrrulean structures and utilities, RONE win take reasonable precautions to avoid known subtemmean structures, and CLIENT waives any claim against RONE wing from damage done [0 subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL RONE will retain samples transported to the geotechnicalla.bomtory for testiDg for a period of thiny (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENTS expense upon CLIENTS prior written request, MONITORING IfRONE is retained by Cl..IENT to provide a site representative fOf the plllJlO$e of monitoring specific portions of construction work or other field activities as set fonh in me PROPOSAL, then this phrase applies, For the specified assignment, RONE will report observations and professional opinions: to CLIENT. No action ofRONE or RONE'S site representative can be consUUed as altering any AGREEMENT between CLlENT and others. RONE will report to CLIENT any observed geotechnically-related work which. in RONE'S professional opinion. does Dot conform with plans and specifications. RONE has no right: to reject or stop work of any agent of the CLIENT, Such rights are reselVed soley for CUBNT, Futthetmore, RONE'S presenCe on site does not in any way gllarantee the comp1etion orquality of theperfon:rumce of the wod:: of any party retained by CLlFNT to provide field Of constrUction-related services. RONE will not be respOnsible for and will Dot have control or charge of specific means. methods. techniques. sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT. or safety precautions and programs incident therero. Tenns Page I of3 BILLING AND FAYMENT CLIENT will pay RONE in accordance with the procedures indicated in the PROPOSAL and its attachments:. Invoices will be submitted to CLIENT by RONE. and will be due and payable upon presentation. IfCI..lENT objects to all or any portion ofany invoice, CLIENT will so notif; RONE in wriliDg within fourteen (14) calendar days ofrhe invoice date, identity the cause of disagreement.. and pay when due that portion of the invoice Dot in dispute. In the absence of written notification described above. the amount as. stated OIl the invoice will be paid. Invoices are delinquent if payment bas nOl been received within thirty (30) days from date of invoice. At the option of RONE, CLIENT wiD pay an additional charge of 􀁯􀁮􀁥􀁾􀁡􀁮􀁤􀂷􀁯􀁮 􀁥􀁾􀁢􀁡􀁬􀁦(1.5) percent per month (or the maximum percentage allowed by law. whichever is lower) on any delinquent amount, except fur any portion of lhe invoiced amoWlt in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequendy rtso1ved in favor of the geotechnical engineer will carry the additional charge, as described above, effe<:tive thirty (3D) days from thedate of the original invoice. In Iheeveot CLIENT fails 10 pay RONE within sixty (60) days after invoices are rendered, CUENT agrees that RONE will have the right to consider the failu.re to pay RONE'S invoice as a breach of this AGREEMENT. TERMINATION This AGREEMENT may be ten:ninated by either party seven (1) days after written notice in the event of any breach ofany provision of this AGREEMENT or in the event of substantial failure of performance by the other party. orifCLIENI' suspends the work fot more than three (3) months, In the event of termination, RONE will be paid for services performed prior to the dale oftennination plus reasonable temllnation expenses. ineludill8. but nQllimiled to We cost of completing: analyse;';, records, and reportS necessary to document job status at the time of tenninati(ln. RISK ALLOCAnON Many riSks potentially affect RONE by by virtue ofentering into this AGREEMENT to perfonn professional engineering IiiCITices on behalf of CLIENT. The principal risk: IS the potential for bu.o:taD error by RONE. For CLIENT to obtain the benefit of a fee which includes a nominal aIlowaneefor dealillg with RONB'S liability, CLIENT agrees to llmltRONE'S liability to CLIENT and to all other parties for claims arising out 0 RONE'S performance of the services described in this AGREEMENT. The aggregate liability ofRONE will not exceed the amount of RONES fee for negligent professional acts, emm, or omissions. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties volunwily and knowingly entered into. and shall apply to all theories of recovery including, but not limited to bmach ofcontracct, wamwty. tort (including negligence), strict or statulOry liabUity, or any other cause of action, except for willful mIsconduct or gross negligence. The parties also agree thai: CLIENT will not seek datnages in excess of the limitations inwrectly through suilS with other parties who may join RONE as It third-party defeodont. Parties means CLIENT and RONE and their officen:. employees, agents, affiliates. and subcontnlCtors., Both CLIENT and RONE agree that they will not be Jiable to each other. under any circlllIl$lances. fnr special, indirect, consequential. or punitivedarna&es arising out of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents tllat CLIENT has made a reasonable effort to evaluate ifhazardous materials are on or near the project site, and that CLIENT bas inlonned RONE ofCLIENTS finding relative to the possible presence ofsuch materials. Hazardous materials may exist at a site-where there is no reason to believe they could or should be present. RONE and Q.IENI' agree that the discovery at UDatlt!cipated hazardous nwerials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. RONE and CLIENT also agree that the discovery of UllaIlticlpated hazardous materials may make it necessary fur RONE to take immediate measu.res 10 protect health and safety, CLIENT agrees to compensate RONE for any equipment decontamination or other wts incident to the discovery of unanticipated hazardous materials. RONE agrees: to notify CLIENT when UllaIlticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees 10 hold RONE b.armless for any and all consequences ofdisclosures made byRONE which are required by governing law. In lhe event the project site is nOI owued by CllENT. CUENT recognizes that it is CLIENTS responsibility to inform the property owner (If the discovery of unanticipated hazardous materials or suspected haumious materials. Notwithstanding any other provision of the AGREEl.fENT. CLIENT waives any claim against RONE arising from RONE'S discovery of unao.ticipatcd hazardous materials or suspected hazardollS materials, including but not limited to. any costs created by delay Of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultitnnte disposal of any samples SCi.':Ured by RONE whicb are found to be contaminated This includes any soil 01 rock: cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. TenDS Page20f3 DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between RONE and CI..IENT arisirlg out of or in any way related to thiJ AGREEMENT wif be submitted to 􀁾􀁡􀀱􀁴􀁥􀁲􀀱􀁬􀁡􀁴􀁩 􀁶􀁥􀀠dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. Ifand to the elltent CLIENT aDd RONEhave agreed on methods forresotviog such disputes. then such methods will be set forth in the "Alternative Dispute Resolution Agreement'" wbich. if attached. is incorpotated into and made a part of this AGREEMENT. Ifno specific ADR procedure is set forth in this AGREEMENT. then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to liligauon. 1fa dispute at law arises from matters related to the services provided under this AGREEMEl'i-r and !.hat dispute requires litigation instead of ADR as Provided above. then: (1) the claim will be brought and tried injudicialjurlsdiction of the court ofthe county where RONE'S priDcipal place place ofhusiness i located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailiDg party wW be entitled to recovery ofall reasonable costs incum:d. including Slaff time. court cOStS. attorneys' fees. and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State ofTexas Will govern the validity of these TERMS. their inIetpreWion and p«fOlTtlaUce. Ifany of the provisions contained iII this AGREEMEm' are held illegal. invalid, or unenforceable, the enforceability of the remainiDg provisions will not be imp::tired. LinliI.ations of liability and indemnities wiU survive termination of this A<3REEMEh'T fotany cause. *** The parties have read the foregoing. undersiaru:l completely lIle terms, and will.ingly enter into this AGREEMENT which will become effective 00 the date signed below by CLIENT. Town ofAddison RONE ENGINEERS, INC. 􀀮􀁢􀁦􀁾􀀠By' iii Date: 4--( 16/0 I and Testing en Div n Manager onstruction Materials Engineering and Testing; Date: Aprllll.2ool Terms Page30f3 Preconstruction Conference For fWIU6 Pt.II/£ Project .3jf?I/o/Date I THE PURPOSE OF THIS PRECONSTRUCTION CONFERENCE IS TO REVIEW TOWN OF ADDISON REQUIREMENTS, CONTRACTOR RESPONSIBILmES AND PERSONNEL ASSIGNMENTS. ALL PARTIOPANTS AT THE CONFERENCE SHALL BE FAMILIAR WITH THE PROJECT AND AUTHORIZED TO CONCLUDE MATTERS RELATING TO THE WORK. Agenda: ". Introduction of each member attending meeting of. Designation of responsible personnel/subcontractors v. Distribution of Contract Documents ./. Traffic Plan/coordination ". Safety ..;. Procedures for processing applications for Payment v. Submittal of Shop Drawings, Product Data, and Samples Yes Nol • Preparation of Record "As built" documents ". Staging area/Site utilization v. Parking v. Possible conflicts v • Security I I v. Working hours (see hours on permit) 􀁡􀀮􀁩􀀷􀁬􀁴􀁾􀀠\49v'K • Warranty requirements 􀁾􀀮􀀠􀁾􀁾􀁾􀁾􀀠o/'0-tb-􀁾􀀩􀁬􀀧􀁊􀀮􀀬􀁯􀀠-0 -to 1 􀁜􀀮􀀿􀁤􀀭􀀢􀀨􀁾􀀠&f VJOVtL Preconstruction Conference ;rw;;ffi D?J[;e Project3/t/1J I Date ATTENDEES: 1. a2vw&r§" Fff7€#p/"v< 2. 5rJm· 􀁋􀁾􀀯􀀧􀀼􀀠!lentle .' 􀀳􀀮􀁾􀀠1#& fYtJt:;Be: 21t/--rfl6 -771p /P4.􀁾􀀠'-.:1i.M rlflIJi9ij5. _________________ 6. _________________ /lObl/Ih:DIF--..P.;}1?7 _7. _________________ 8. _________________ ::J/I.f 􀁾􀀠11􀁾􀀠-tp'£f9. _________________ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. (972) 45()"2871PUBLIC WORKS DEPARTMENT 16801 WestgrovePOIt Office Box 9010 Addison. Texas 75001-9010 March 1, 2001 Mr. Anwar M. Fatehdin Hencie International, Inc. P.O. Box 796636 Dallas, Texas 75379 RE: EWING DRIVE APPROACH IMPROVEMENTS NOTICE TO PROCEED BID NO. 01-10 Dear Mr. Fatehdin: Receipt ofthis document shall serve as your Notice to Proceed for the above referenced project, effuctive March 2,2001. According to the terms and conditions ofthe contract, the proposed improvements shall be completed within thirty (30) calendar days from the start ofconstruction, at the original contract price of$16,740.00. Please include the Project name, Bid No. 01-10, and Purchase Order No. 072570 on all monthly invoices or other correspondence to the Town ofAddison. Should you have any questions, please contact my office at 972-450-2886. Sincerely, Steven Z. Chutchian, P .E. Assistant City Engineer Cc: Chris Terry, Assistant City Manager Mike Murphy, Director ofPublic Works Jim Pierce, Assistant Director of Public Works Jim Wilson, Project Manager Bryan Langley, Assistant Director ofFinance Ii!l 00104/11/01 WED 14:23 FAX 2146309819 LEIGH ENGINEERING , 8908 Ambassador Row Rone Engin " rs Dallas, Texas 75247 " i'A Lei9h CompanyTelephone (214) 630-9745 Facsimile (214) 630-9819 I Fax , To: Mr. Steve Chutchian ! fTOm: Jay Canafax ! fax; 972-450-2837 : Pagesl (including caver) S !i Date: 04/11/2001 j cc: DUruent 􀁾􀁏􀁮􀁧􀁩􀁮􀁡􀁬􀀠to be mailed oPI"""e Comment oPlease Reply DfurYourfile D Signatlm> Requested ofor Review oPI .. """, Recycle ENVIAONM!'!NiAL {GEOTECHNICAL I CONSTRUCTiON TESTING 1Rr:A1. ESTATE S!'!RVICt:S DAl.LAS {FORi WORTH SINOE 1972 04/11/01 WED 14:23 FAX 2146309819 LEIGH ENGINEERING 111002 Rone Engineers A LI::IGH COMPANY •April 11. 2001 GtOTUIi1'ICAl [HlilHuruNC; 􀁾􀀠t;tOLOGJCAt. 􀁓􀁔􀁕􀁾􀁉􀁬􀀾􀀵􀀠• DISTlllfn lNV"£STU3ATIQN$ • 􀀢􀁁􀁾􀁴􀀺􀁍􀁅􀁋􀁦􀀠DlSI.H 􀁾􀀠.u>VNtCtD IiEQTE<:tflileAL 1'(i5TUiCii .. f"QQIiPuION RI'COMMtHOlnawt • {OHSTIUkXION MCNITOQIN. CON'$TR/J(."flOH MATEilIAl.!I Tt!lTtHc. • t;\)I'IS'iFlvr;nOH OB5UVA'tfOtl .. CONCRETE T"TI)I(I .. .s,WA\,T TIISYING • $011." TtUtH6 • 'In INSPECTION DIWt.t.INC; $!IWIC£5 􀁾􀀠MONITOR Wt"LL INliTi\l.t.l.floN • rHYIAONUUlTM.lJfUl.l.l1tG • ctOrtekHICAI. CRIUi'«ii .'08 Io"1BAUADOJt ROW UAt.l,4,. TEXA3 75241 􀁔􀁾􀀢􀁏􀁎􀁅􀀠Z'4-&30·'745 rA(SIMIU: A14.e:SO·9Ing Mr. Steve Chutchian Town of Addison P.O. Box 9010 Addison. Texas 75001·9010 Reference: Ewing Drive Approach Improvements Addison, Texas Proposal No. 01-2388 Dear Mr. Chutchian, Rone Engineers. Inc. understands that we have been selected based soley on our qualifications, and tbat Town of Addison is cummtly negotiating scope and fees with only Rone Engineers, lnc. at thi.. time for the quality control for the alxlvc referenced project. For the pw:pose of this proposal we have estimated quantities and tests that will be required in accordance with the Plans and Specifications. This is only an estimate for budgetary purposes. The actual costs for Construction Mllterials Engineering aod Testing services can decrease or increase with changes in the scope of work or with the contractor's work methoel Rone Bngineers f-ees will be based on Ibe nemal runount of technician time 􀁾􀁮􀁤􀀠laboratory testing utilized by the project and perfonned on a uoil price basis in accordance with the attached Schedule of Services and Fees and Rone Engineer:;' Terms for Consullction Materials T .:sling Services. Rone Engineers meets the requirements of ASTM E 329 and is an active participant In the CCRL and the AASHTO proficiency sample progrll1ns. Rone Engineers has expllrienced personnel to perform the necessary Construction Matedals Enginellring and Testing in accordance with thc project specifications. We appreciate the opportunity to submit this proposal for Construction Materials Engineering and Testing for the above noted project and look forward to working with you . during the construction phase of this project. If there are any questions concerning this proposal or if we C3J). be of further assistance to YOIl, please conlact us at your convenience. Respectfully submitted, RO 􀁾􀀠􀁾􀁾􀁾􀀼􀁲􀁩􀁡􀁹􀀠Cal1afax Division Manager Construction Materials Engineeriog and Testing I 04/11/01 WED 14:24 FAX 2146309819 LEIGH ENGINEERING 􀁾􀀰􀀰􀀳􀁟􀀮􀀠April 11. 2001 Proposa] No. 01·2388 RONE ENGINEERS, INC. Constmction Materials Engineering and Testing Basic Services and Cost Estimate Project: Ewing Drive Approach Improvements DESCRIPI'ION Estimated Ullit Estimated Quantity Rate ToW EARTHWORK Moisture Density Relationship ASTM D-698 (each) Atterberg Limits (each) Engineering Technician (hourly) In Place Deosity Test (each) Trao.sponation Charge (trip) Engineering & Report Review (hourly) 1.0 $130.00 \.0 $40.00 3.0 $27.50 4.0 $13.00 1.0 $13.00 0.9 $5.1.00 $130.00 $40.00 $82.50 $52.00 $13.00 $49.50 ESTIMATED BUDGET $367.00 Allli.me is for a minImum of two hours or as Iloted. Overtime wiU be charged for all hours worKed before 7:00am and after 5:00pm. for any tiIIlli in excess of 8 hoUl's per day or 40 hours per week, Sarurdays. Slmdays and Holidays. All time is Poltal to Portal. Project Engineering services on materials engineering and testing for consultation, analysis. report prepilr'iitioll and review. supervision and scheduling offleld and laboratory personm,1 will typically be 0.3 to 0.5 hours per report 04/11/01 WED 14:24 FAX 2146309819 LEIGH ENGINEERING Itli 004 TEnMS FOil RONE ENGII'IEERS, INC. (RONE) SERVICES i'own uf Addison 􀀬􀁪􀁾􀁲􀁥􀁦􀁕􀁒􀁤􀁴􀁯111 CLIENT, 1'fopol,1 1'1•• 01-2388 Aprilll.2oo) ;).Qd utVe)IS. at' c:tplo,l':ltioo'::;I(I: fn:ide. 4nd 1n.1,,site 􀁾􀁉􀀱􀁤􀁩􀁴􀁩􀁯􀁕􀀤􀀠way c:1I! wt!l\ 1WU:. DilW, intecpJcl:ntioot. and 􀁊􀀧􀁬􀁴􀁃􀀺􀁬􀀻􀁬􀁭􀁦􀁜􀁬􀁾􀁡􀁡􀁭􀁩􀁯􀁭􀀻􀀠by RONE will be bllSCd soley nl'l jn(ol'm>'liOli llwiliblcto RONE. RONE is 􀁾􀁰􀁏􀁄􀁳􀁩􀁢􀁴􀁥􀀠for !.bose dntfl. illllU,})uwifhl$•.:Iud 􀁴􀁾􀁡􀀺􀁯􀁭􀁭􀁣􀀺􀁮􀀮􀁤􀁬􀁬􀀮􀁴􀁩􀁏􀁑􀀤􀀮􀀠bUt will nnt hI! 􀁬􀁥􀁾􀁰􀁏􀀨􀁪􀀤􀁬􀁢􀁬􀁥􀀠1\tr QI.ba 􀁰􀁵􀁲􀁴􀁩􀁲􀀺􀀺􀁾􀀧􀀠W!tl l:ifOUllw.!i' \If lUi': 'lie Uw iW'urmunon developed. 􀁓􀁣􀁲􀁶􀁫􀁾􀀠J).81fMUed by RONE Wllk!rlhls AOREEMSN'1' 3rt-􀁥􀁸􀁾􀁴􀀮􀁬􀁴􀁤􀀠by CLLSNTto be collduaed Ill. mllWJet tou$lut.u! wilh the level orearc ULtd sJ:lll ordln3J11y I!Utrtlsed by 􀁭􀁵􀁮􀁢􀁴􀀺􀁦􀁾􀀠of !be J«IIecl'utit:J.I cnginc.:rillB ptMtS5iOIl pructiclng tOolcm{XltlltlCQUsJy undr.r Sill1illl'e01iditiou!' in me loc..illty ...fthe pmjut Under no 􀁤􀁾􀁬􀁉􀁭􀁓􀀡􀀴􀁵􀁬􀀡􀁥􀁩􀀠is;my wummry. elrpJUJlcd or implied, lJ!a Forthc.spcdfi«lml,nnlCfl\, ROm will 􀁮􀀺􀁰􀁭􀀺􀁏􀁢􀁾􀁣􀁮􀀧􀀮􀁉􀁉􀁴􀁩􀁯􀁬􀁕􀀠a.nd pmfcnioWiJ oplnloo.. to a.1'BN't. No nelioll Qf RONE orRON£'S !.I1.: 􀁊􀁥􀁰􀁲􀁬􀀡􀁾􀁑􀁬􀁩􀁾􀀢􀁥􀀠tlm be eumtrued 􀁾􀁷􀁾MY AOREEM1!'NThCM«n CLl'BN'I' lind QfhtB. RONE willrc:port to OJENT:sny o\lwVed 􀁴􀁾􀁾􀁬􀁡􀁕􀁴􀀺􀀮􀀺􀀦􀁬􀁬􀁹􀂷􀁲􀁥􀀱� �􀁬􀁥􀁤􀀠wwk wllieh. in ROtoml$ prt;ftSSiOIl:l1 opUiliJa, dOClS not Ctltlf¢no. 􀁷􀁩􀁴􀁨􀁾QDd 􀀤􀁰􀁣􀁤􀁦􀁩􀁥􀁾􀀢􀀧􀁩􀁯􀁬􀁬􀀧􀀭nON13 !rJs tI" 􀁲􀁩􀁾􀁢􀁴􀀠10 reJea or$top W6lX of .ally .2s.:nt of tilt a:mrri'. SUt:b. righI) urefW'l"'ed solt:y fot Cl.leNT. Funhe:nnol't, no,"ti!'S pretenCe Ol). lite doC! not in 􀁾􀁹􀁹w",y tU:'ItoUltec the i:nmpletiou or qunlity orme PC:ltM'lUlle.t of the wru1c ofIll\y p:lRY ttfMoltd by C.lJSNT 10 pn:Mde f;tId 01' 􀀧􀁣􀁬􀁾􀀧􀁲􀁵􀁴􀀱􀁩􀁲􀁵􀀻􀀮􀁲􀁴􀁬􀁲􀁵􀁴􀁤􀀠􀀬􀁾􀀬􀀠ROUE will not be 􀁲􀁥􀁩􀁰􀁯􀁮􀁾􀁬􀁢􀁬􀁑􀀠fo,."nd will nat hlive eontrol or clw-se af 􀁾􀁰􀁴􀁬􀀺􀁩􀀬􀁦􀁩􀀬􀁾􀀮􀀠methods. 􀁛􀁾􀁴􀁨􀁄􀀮􀁩􀁱􀁵􀁣􀁳􀀮􀀠'oqneuOOI ar pl'Qccdul'!!! of conruuctiM or 􀀨􀁪􀁾HeW <1.CliviOu solcctc.d by :InY ;1gC'lt otligt=tlmlt tlr CLlENT. OTSSfdy j»\::outJons and P«lttru:ll! intidtnl thc:reto. 04/11/01 WED 14:24 FAX 2146309819 LEIGH ENGINEERING 􀁾􀀰􀀰􀀵􀀠BILLING ANI> PArMENT CLlli.NT wUlI):ly RONE UtACcord:uILi: with the proaaure, iDwell1ed in \ill!: PROPOSAL 3Ild ItS 􀀻􀁬􀀱􀁜􀁾􀁲􀁬􀀺􀁉􀁭� �􀁬􀁬􀁕􀀮􀀠invoices .....iIl be lubn:Ult>!d II) Cl.lEN! by ROI'1's. un!! will be 􀁤􀁬􀁬􀁾􀀠UlId pilysbic l,Il'Ol\ 􀁾􀁃􀀴􀁉􀀱􀀱􀁴􀁩􀀰􀁬􀀱􀀬􀀠If Ctl£NT 􀁯􀁢􀁪􀁣􀁥􀁬􀀮􀁾􀀠co >\11 Or lilly llartion of :my invwoe. CLlBNT witt iO coli!: RONBil1 􀁷􀁲􀁩􀁬􀁬􀁦􀁬􀁾􀀮􀀮􀀮􀀮􀀮􀀻􀁴􀁢􀁩􀁴􀁜􀀠founeell(14) rulcnd:!rd11ll1 "rWe 􀁩􀁮􀁶􀁯􀁬􀁣􀁥􀁾􀀬􀀠itJcutifythl! ')lISt of 􀁾􀁬􀁃􀁉􀁕􀀬"1I1.I'Pa), wht:nd\'le 􀁴􀁨􀁾􀀱􀀠pOllitm oflhe inv(litt;lI.ot in dispute. 􀁊􀀱􀁉􀁬􀁕􀁾􀀠ub.u:nocofwtincol1otifiC!liinn cJtstnbed abova, lht .ltDol1lll,u staled G.Illhc: invoice will be paid, 􀁨􀀡􀀮􀁶􀁯􀁩􀁣􀁣􀁾􀀠 t:I.fe dtdb:quent If Pi1YU'U:U\ hlI.$ nrtl 􀁾􀀬􀀧received widlln diifly (30) daYI fmm dalt ut invoice. /t..t tile optioll of RONE. cr..mNT will piy an :\ddi{i{Jllil.l tmscot one-3:otJ.ooerl\llf (1 ..5) pb"calt per mflnlll (or lhe 􀁭􀁁􀁘􀁩􀁬􀀺􀁮􀁮􀁷􀁵􀀬􀁾􀁮􀀺􀁥􀁄􀀮􀁴􀁴􀁬􀁂􀁥􀀠allow&d by Jaw. whichever is lower) CD 1m)" delinqlJenc 1nl\)\UlI, except for tl,Uj portioa of ttl, i£lvoited 1tQt000t ,n dispule 1.IDd rcso1vtd ill iuVCIrof c;r.f8N'T. Dllputcd nx:nounl,S Wilhlu::Jd by tbe eben! whleb are ${Jbsequen'IJy reso\vec] in kyat of IJlt 􀁧􀁴􀁵􀁴􀁾􀁥􀁡􀀡cnSiottr will eD.lT)' 􀁬􀁬􀀧􀁜􀁇􀁾􀁩􀁕􀁬􀀩􀁮􀁬􀂣􀁬􀀠c:!:wee...." dcfctihtd OIbove. cff,:Clive thirty (30) duY$ from the ibtt. or the nrism()) iAvui«:. to \lIe eVfill.1 ct.1l?NT fails 10 pay l{ONE w11hin SiXty (60) duys aber InvoiCe! are 􀁲􀁥􀁲􀁴􀁤􀁣􀁊􀁾􀀠 CLIENT 􀁡􀁓􀁉􀁾􀁮􀀠tbo.t RONE willllavt: the ugbt 1('1 to(isWtr UlefuilUrC\j) 􀁾􀁹ll.ONE'S inv(lice as iJ MeliChof1l1i" AGtlEEMEN'T. 'l'£RM1NATfON nlls A,CREEMENT ouy he 􀀧􀁃􀁬􀁵􀁭􀁬􀁬􀁾􀁴􀁥􀁤hy eilflltt puny gvc,n (7) d"ys mtr wri'lttli M{lce i.e the cVt:Ut Gf lliY breil:t:h of W'lY 􀁰􀁲􀁯􀁶􀁬􀁾􀀡􀀱􀀩􀀱􀁬􀀠ot this AOlW.f,MENf 􀁾􀁲􀀠in tbt tvcAt cfm'bSl:lljliill toJ.llu:re of 􀁰􀁥􀁾􀁃􀀨􀀺by the other ptuty. or !fClJBNT $1lsptnds the wort fM Il'IOfCI tlu.u:t th:ee (3) months. In the: tvltlll oftenuinlUiM. ROliE. will bl!. 􀁰􀁾􀁩􀁤􀀠(t:f\e(Vicc.s. PC:riOtltlCd prior tG 􀀡􀁬􀁾􀀠pte o/lt::n:ttiDntion 􀁰􀁬􀁵􀁾􀀠ft3SUDOlble !.C11llin:J[inn eXptlU,$., iududmg. but nnl lin.littd 10 the en!)! o( c:omplet.b:tg 􀀮􀀧􀁬􀁮􀀱􀀱􀁹􀁾recOldi..!.fId fepOtU ntceu/lrY to dncutnCUt job :>1ift\lJ Mtilt! timt of ftrl,nmonjoQ. IUSKA.LI.OCATION M:my risks pOICIJQu!Jy atfcc:, n.ONI! by vtrrut: of 􀁴􀁮􀁴􀁾iJ)tO thb 􀁁􀁇􀁾􀁲ta llcrform prQI'miotial 􀁥􀁬􀀧􀁬􀁧􀁩􀁬􀁬􀁥􀁾􀁣􀁩􀁵􀁧􀀠􀁳􀁣􀀺􀁭􀁾􀀠on bell3}fof CiJ.ENT. The principal Iii);: i! the POte.t.ltlul rnrbun131l ertOt try RONE. For CLIE.NT 10 cbwn 111e b(JJt:fit of II foe which 􀁩􀁵􀁣􀁬􀁬􀁋􀁫􀀺􀁾􀀠llnomiDuJ !llIowu I)r otbt:T ColU ;ncidwt lO 􀁴􀁢􀁾@ctWcryQr1JIlil.DUtipmdMu:c